Costa Rica: the Supreme Court validates the legalization of medical cannabis

The Constitutional Chamber of the Supreme Court of the Costa Rica has determined that the bill to legalize medical cannabis found no grounds for unconstitutionality. With this decision, «Chamber IV» has given the green light for a vote in the Legislative Assembly.

« Given the resolution issued this Tuesday by the Constitutional Chamber, in which it states that there are no constitutional violations in the bill on cannabis for medicinal and therapeutic use and hemp for food and industrial use (Case No. 21.388), the Executive Branch will immediately submit this bill for consideration during the extraordinary session, so that once the full ruling is issued, the legislative process may continue,» said Geannina Dinarte Romero, Minister of the Presidency.

«We urge the Legislative Assembly to move forward with the approval of the public employment bill, as well as other initiatives that are fundamental to the country, both in terms of economic recovery »as well as measures to consolidate the fiscal path, which are currently before the full legislature," she added.

If the bill is approved, all that remains is for President Carlos Alvarado to sign it and for it to be published in the official gazette, *La Gaceta*, before it takes effect.

In October, the The Costa Rican Congress had approved the bill.

The Bill to Legalize Medical Cannabis and Hemp

The bill permits the cultivation, production, processing, and marketing of hemp and its products or byproducts for food and industrial purposes without requiring any special or additional prior authorization from the authorities.

The use and operation within the national territory of the medical marijuana would be authorized, solely and exclusively, to carry out the following activities:

• Production, including planting, cultivation, harvesting, storage, and transport and the distribution, as well as the production and importation of seeds of cannabis varieties for:
  • Its sale as a raw material to the Costa Rican Social Security Fund (CCSS), to duly authorized laboratories or facilities within the country, or for export to third countries where the legal trade in these products is permitted.
  • Direct manufacturing by the same producer for the development and marketing of products for medical or therapeutic use, authorized in accordance with this law. In this case, the producer must also hold the appropriate license to carry out the manufacturing of cannabis-derived products for medical or therapeutic use.
  • The development or industrial-scale production, storage, transportation, distribution, and marketing of medicines, cosmetics, essential oils, and other products for medical or therapeutic use that are duly authorized in accordance with this law, derived from cannabis plants, their byproducts, and their derivatives.
• The Costa Rican Social Security Institute (CCSS) may award procurement contracts to organizations, associations, cooperatives, or any other entity that complies with the provisions of Law No. 8262, the Law for the Strengthening of Small and Medium-Sized Enterprises.

Licenses for the cultivation and industrial processing of cannabis for medical or therapeutic purposes will be granted for a period of six years and may be renewed for equal periods, upon request by the license holder and after demonstrating compliance with all requirements and obligations established by law and its regulations. The duration of research permits and the procedure for their renewal will be regulated according to the type of research in question.

The initiative authorizes the CCSS, in conjunction with public and private universities, to conduct research and produce, in its laboratories, medications and products for therapeutic use authorized by the Ministry of Health, using psychoactive cannabis, its extracts, and its derivatives; as well as to receive, purchase, process, and distribute cannabis for medicinal and therapeutic use, along with its products, byproducts, and derivatives.

In addition, the CCSS will be authorized to include, based on technical studies, cannabinoid-based medications and therapeutic products in its official drug lists and to dispense them to insured individuals, in accordance with the prescription of the healthcare professional responsible for their treatment.